Agmt05 BFI Waste Systems - Laserfiche WebLink

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1 Whereas, on June 26, 2000, the City Council directed the City's South Bayside 2 Waste Management Authority (SBWMA) Board Representative to vote to request BFI to 3 provide changes in solid waste and recycling collection to same day residential 4 recycling and solid waste collection in conjunction with changing Spring and Fall clean- 5 ups to two on-call clean-ups annually, effective February 2001; and 6 7 Whereas, on April 26, 2004, the City Council adopted by Ordinance # 2261 an 8 amendment to the Agreement (the "Second Amendment") to allow Contractor to 9 implement a program to divert commercial organic material from landfill disposal; and 10 11 Whereas, the Agency desires to make minor clarification changes to the ()riginal 12 Agreement; and 13 14 Whereas, the Agency declares its intention of maintaining reasonable rates and 15 quality service related to the Collection of Solid Waste, Recyclable Materials, 16 Commercial ()rganic Materials and Plant Materials, and other services; and 17 18 Whereas, the Contractor has submitted a plan to provide significant Solid Waste, 19 Recyclable Materials, Commercial ()rganic Materials, and Plant Materials programs at 20 reasonable costs to the SBWMA and its Member Agencies and the Agency has elected 21 to enter into this Agreement based on the advantages of that plan; and 22 23 Whereas, Contractor agrees to and acknowledges that it shall arrange for the 24 proper Disposal of all Solid Waste collected in the Agency Service Area and Agency is 25 not instructing Contractor how to Collect, process and dispose of Solid Waste, 26 Recyclable Materials, Commercial Organic Materials and Plant Materials; and 27 28 Whereas, Agency and Contractor desire to leave no doubts as to their respective 29 roles, and that by entering into this Agreement, Agency is not thereby becoming a 30 "generator" or "arranger" as those terms are used in CERCLA 107 (a)(3), and that it is 31 Contractor, not Agency, which is "arranging for" the Collection, transportation and 32 Disposal at the designated Transfer Station or Disposal Site of Solid Waste; and 33 34 Whereas, Agency and Contractor acknowledge separate agreements between the 35 Contractor and the SBWMA for the (1) purchase of the Transfer Station Facility; (2) 36 transfer and processing; and (3) landfill Disposal of Solid Waste generated in Agency 37 and these agreements shall govern the transfer, processing and Disposal of Solid Waste; 38 and 39 40 Whereas, Agency and Contractor (Parties) hereto desire to enter said Agreement, 41 and Contractor acknowledges that the Agency may delegate to the SBWMA any and all 42 aspects of the administration of this Agreement with the specific exception of setting 43 rates for the Agency; and 44 Atty j Agr/2005.022 060205 -2-